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PEOPLE v. ZUBKE

Docket No. 122183, Calendar No. 2.

664 N.W.2d 751 (2003)

PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Timothy P. ZUBKE, Defendant-Appellee.

Supreme Court of Michigan.

Decided July 16, 2003.

Attorney(s) appearing for the Case

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, Michael E. Duggan, Prosecuting Attorney, Timothy A. Baughman, Chief of Research, Training, and Appeals, and Jeffrey Caminsky, Principal Attorney, Detroit, MI, for the people.

Carolyn A. Blanchard, Northville, MI, for the defendant-appellee.

Opinion

MARKMAN, J.

We granted leave to appeal to consider whether, within the meaning of M.C.L. § 333.7409, defendant's act that gave rise to a federal conviction of conspiracy to possess with intent to distribute a controlled substance was the "same act" that subsequently gave rise to the state charge of possession with intent to deliver a controlled substance (PWID).1 The circuit

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